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04/04/97 PEOPLE STATE ILLINOIS v. JESSE EARL

April 4, 1997

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
JESSE EARL LASKOWSKI, DEFENDANT-APPELLANT.



Appeal from Circuit Court of Logan County. No. 95CF213. Honorable Wayne C. Townley, Jr., Judge Presiding.

As Corrected September 16, 1997.

Honorable John T. McCullough, J., Honorable James A. Knecht, J. - Concur, Honorable Frederick S. Green, J. - Concur. Justice McCULLOUGH delivered the opinion of the court.

The opinion of the court was delivered by: Mccullough

The Honorable Justice McCULLOUGH delivered the opinion of the court:

Following a bench trial in the circuit court of Logan County, defendant Jesse Earl Laskowski was found guilty of driving while under the influence of alcohol (DUI), which the trial court found to be enhanced to aggravated driving under the influence of alcohol. 625 ILCS 5/11-501(d)(1)(A) (West 1994). Defendant was sentenced to 30 months' probation and 60 consecutive Sundays of periodic imprisonment. As part of his sentence, he was ordered to pay a $1,000 fine plus $295 court costs, and refrain from the use of drugs or alcohol during probation, undergo alcohol counseling, and follow the counselor's recommendations. On appeal, defendant argues his sentence should be reversed because the State failed to prove by competent evidence the prior convictions used to enhance his sentence in this case. We affirm.

DUI is enhanced to aggravated DUI when the defendant commits DUI, or violates a substantially similar provision, for the third or subsequent time. 625 ILCS 5/11-501(d)(1)(A) (West 1994). The statute does not provide a time limit for the use of prior commissions. The information in this case charged defendant with

"the offense of Aggravated Driving Under the Influence of Alcohol, a Class 4 Felony in Violation of Section 5/11-501(d)(1), Chapter 625, Illinois Compiled Statutes, in that the said defendant drove a motor vehicle while under the influence of alcohol, said defendant having previously committed violations of 625 ILCS 5/11-501(a) in McLean County in 1968, in Tazewell County in 1969, and in McLean County in 1971."

It placed defendant on notice of the State's intention to seek an enhanced sentence. Aggravated DUI is a Class 4 felony. 625 ILCS 5/11-501(d)(2) (West 1994). Generally, DUI is a Class A misdemeanor. 625 ILCS 5/11-501(c) (West 1994).

Section 11-501(d)(1) of the Illinois Vehicle Code involves the increase in the classification of an offense to seek an enhanced sentence, thus requiring compliance with section 111-3(c) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/111-3(c) (West 1994)). People v. Sheehan, 168 Ill. 2d 298, 303-04, 659 N.E.2d 1339, 1341-42, 213 Ill. Dec. 692 (1995). Under section 111-3(c) of the Code, evidence of the prior commission of two or more DUIs need not be proved by the State as an element of the offense of aggravated DUI. 725 ILCS 5/111-3(c) (West 1994). See People v. Bowman, 221 Ill. App. 3d 663, 666, 583 N.E.2d 114, 116, 164 Ill. Dec. 560 (1991).

At the sentencing hearing in this case, the trial court considered the presentence investigation report, which referred to the following prior convictions for driving while intoxicated (DWI) under predecessor statutes:

Case No. Date of Date of Disposition

Offense Disposition

McLean County 8/13/68 Unavailable $100 ...


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